West Virginia Code
Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children
§48-9-301a. Child Abuse Allegations


(a) If allegations of child abuse are made during a child custody proceeding and the court has concerns regarding the child’s safety, the court may take any reasonable, temporary steps as the court, in its discretion, considers appropriate under the circumstances to protect the child’s safety until an investigation can be completed. Nothing in this subsection shall affect the applicability of §49-2-802 and §49-2-803 of this code.
(b) If allegations of child abuse are made during a child custody proceeding, the court may request that the local child protective service conduct an investigation of the allegations pursuant to §49-2-801 through §49-2-814 of this code. Upon completion of the investigation, the agency shall report its findings to the court.

Structure West Virginia Code

West Virginia Code

Chapter 48. Domestic Relations

Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children

§48-9-101. Scope of Article; Legislative Findings and Declarations

§48-9-102. Objectives; Best Interests of the Child

§48-9-102a. Presumption in Favor of Equal (50-50) Custodial Allocation

§48-9-103. Parties to an Action Under This Article

§48-9-104. Parent Education Classes

§48-9-105. Venue for Custodial Allocation Actions Independent of Divorce

§48-9-201. Parenting Agreements

§48-9-202. Court-Ordered Services

§48-9-203. Proposed Temporary Parenting Plan; Temporary Order; Amendment

§48-9-204. Criteria for Temporary Parenting Plan

§48-9-205. Permanent Parenting Plan

§48-9-206. Allocation of Custodial Responsibility at Final Hearing

§48-9-207. Allocation of Significant Decision-Making Responsibility at Temporary or Final Hearing

§48-9-208. Parental Dispute Resolution

§48-9-209. Parenting Plan; Considerations

§48-9-209a. Child Conceived as Result of Sexual Assault or Sexual Abuse by a Parent; Rights of a Biological Parent Convicted of Sexual Assault or Abuse; Post-Conviction Cohabitation; Rebuttable Presumption Upon Separation or Divorce

§48-9-301. Court-Ordered Investigation

§48-9-301a. Child Abuse Allegations

§48-9-302. Appointment of Guardian

§48-9-303. Interview of the Child by the Court

§48-9-401. Modification Upon Showing of Changed Circumstances or Harm

§48-9-402. Modification Without Showing of Changed Circumstances

§48-9-403. Relocation of a Parent

§48-9-501. Enforcement of Parenting Plans

§48-9-601. Access to a Child S Records

§48-9-602. Designation of Custody for the Purpose of Other State and Federal Statutes

§48-9-603. Effect of Enactment; Operative Dates

§48-9-604. Parent Education and Mediation Fund